Nagendra Sharma, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4161 of 2018 In Civil Writ Jurisdiction Case No.18317 of 2017 ====================================================== 1.

Nagendra Sharma, Son of Late Shyam Behari Singh, resident of village - Garaur, P.S. - Alipur, District - Gaya, at present resident of East Indra Nagar, R.M.S. Main Road, near New Bypass, Kankarbagh, Police Station Lohia Nagar, District- Patna.

2.

Nawal Kishore Sharma, Son of Sheo Nandan Sharma, resident of VillageKeur, P.S.- Hulasganj, District- Jehanabad. 3.

Yamuna Singh, Son of Hari Singh, resident of Vilage- Ramuachak, P.S.- Amas, District- Gaya.

4.

Khabir Mohammad, Son of Fakir Mohammad, resident of Village- Manpur Zora-Maszid, P.S.- Buniadganj, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through Harjeet Kaur Bamhara, the Principal Secretary, Department Of Science and Technology, New Secretariat, Government of Bihar, Patna.

2.

Harjeet Kaur Bamhara, The Principal Secretary, Department of Science and Technology, New Secretariat, Government of Bihar, Patna. 3.

Sri Amir Suhani, The Principal Secretary, Department of Personnel and Administrative Reforms, Old Secretariat, Government of Bihar, Patna. 4.

Manish Kumar Verma, The Principal Secretary, Department of Planning, Governemnt of Bihar, Patna.

5.

Smt. Sujata Chaturbedi, The Finance Commisisoner-cum-Secretary, Department of Finance, Government of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ajay ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2019 The present contempt petition has been filed complaining about disobedience of the order of this Court dated 2.5.2018 passed in CWJC No. 18317 of 2017.

In order to appreciate futility of the present contempt petition, it would be apparent to reproduce the order dated

Patna High Court MJC No.4161 of 2018(24) dt.24-04-2019 2/3 02.05.2018, disobedience whereof is being complaint of, herein below:- " After some arguments, the learned counsel for the petitioners seeks permission to withdraw the present writ petition with liberty to the petitioners to approach the appropriate authority for consideration of their cases in light of the order dated 22.02.2008 passed by this Court in C.W.J.C. No. 7325 of 2005.

The present writ petition is disposed of as withdrawn with the aforesaid liberty.

However, it is directed that no writ petition would lie, henceforth, before this Court as far as the petitioners herein are concerned, with regard to the subject matter of the present case."

It would be apparent from the aforesaid order dated 02.05.2018 passed by this Court that no positive mandamus was issued to the respondent-authorities and, in fact, the petitioners had withdrawn the writ petition realising that they had no case, therefore, no question arises as to non-compliance/ disobedience of the orders of this Court, in absence of any positive direction having been issued by this Court to any of the opposite parties. For the reasons mentioned herein above, the present

Patna High Court MJC No.4161 of 2018(24) dt.24-04-2019 3/3 contempt petition stands dismissed.

(Mohit Kumar Shah, J) Tiwary/- U